Gore v. Gore
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Franklin P. Gore, from an order of the Supreme Court, made at the St. Lawrence Special Term and entered in the office of the clerk of the county of St. Lawrence on the 20th day of July, 1904, directing the defendant to pay the plaintiff $300 counsel fees and expenses to enable her to prepare for the trial of the action.
1Opinion of the Court
Smith, J.:
The object of the action is the annulment of marriage on the ground of defendant’s impotency. The Special Term denied the plaintiff temporary alimony, but granted an allowance. Defendant here questions not the amount of the allowance, but the power of the court to grant it.
Notwithstanding the fact that the provisions of the Code of Civil Procedure (§ 1769) in terms authorize the granting of alimony .and counsel fee only in actions for divorce or separation, the law is now settled in this State that the same power exists in actions for the annulment of marriage as incidental to the…
2Cases cited5 opinions
- Griffin v. . GriffinNew York Court of Appeals · 1872
- Higgins v. . SharpNew York Court of Appeals · 1900
- Bloodgood v. BloodgoodNew York Court of Common Pleas · 1880
- Meo v. MeoNew York Supreme Court · 1888
- Allen v. AllenNew York Supreme Court · 1880
3Cited by2 opinions
- Jones v. . BrinsmadeNew York Court of Appeals · 1905
- Abate v. AbateNew York Supreme Court · 1938